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LA Packet 05-10-2011TOWN OF AVON, COLORADO I 0 1 AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, MAY 10, 2011 MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS CHAIRMAN RICH CARROLL VICE CHAIRMAN KRISTI FERRARO BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, TODD GOULDING AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY 1. ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. REVIEW OF LIQUOR LICENSE VIOLATION AND ACTION ON WHETHER OR NOT TO ISSUE A NOTICE OF HEARING AND ORDER TO SHOW CAUSE a. Avon Police Incident Report Case No. 2011 - 000289 (Bob Ticer, Police Chief) Establishment Name: Finnegan's Wake Irish Pub, Inc. d /b /a Finnegan's Wake Address: 82 E. Beaver Creek Blvd. Manager: Maggie Parker Date Reported: 03/17/11 Proposed Action: Resolution No. 11 -01, Series of 2011, Resolution Finding Probable Cause To Believe That Finnegan's Wake Irish Pub, Inc. d /b /a Finnegan's Wake Has Violated A Law, Rule Or Regulation With Respect To The Operation Of Its Licensed Premises; Setting A Hearing With Respect Thereto; And Directing The Issuance And Service Of A Notice Of Hearing And Order To Show Cause As To Why The Hotel and Restaurant Liquor License Of Such Licensee Should Not Be Suspended Or Revoked or Renewed (Eric Heil, Town Attorney) Possible action by Liquor Board related to Finnegan's Wake Violation & Case Report No. 2011 - 000289 4. RENEWAL LIQUOR LICENSES a. Applicant: Finnegan's Wake Irish Pub, Inc. d /b /a Finnegan's Wake Address: 82 E. Beaver Creek Blvd. Manager: Maggie Parker Type: Hotel and Restaurant License b. Applicant: Benchmark Liquors, Inc. d /b /a Beaver Liquors Address: 110 E. Beaver Creek Blvd. Manager: David Courtney Type: Retail Liquor Store License Avon Council Meeting.11.05.10 Page 2 of 5 a TOWN OF AVON, COLORADO V O N AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, MAY 10, 2011 MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET S. PUBLIC HEARING ON SPECIAL EVENTS PERMIT a. Applicant Name: Beaver Creek Resort Company Event Name: 2011 Beaver Creek Rodeo Series Event Date: June 30, 2011 / July 7, 14, 21, 2011 / August 4, 11, 18, 2011; 4 pm —10 pm Event Manager: Jean Dennison Event Location: Traer Creek Lot 1 6. CONSENT AGENDA: a. Minutes from April 26, 2011 ADJOURNMENT Avon Council Meeting. 11.05. 10 Page 3 of 5 Memo To: Avon Local Liquor Licensing Authority From: Patty McKenny, Assistant Town Manager Management Services nr—� cc: Larry Brooks, Town Manager Eric Heil, Town Attorney Date: May 4, 2011 Re: Liquor Board Agenda – Finnegan's Wake Irish Pub Violation on March 17, 2011 Summary: Please find attached two Avon Police Department Incident / Investigation Reports as follows: Case No. 2011 - 000284 Offender: Cameron Maurice Charges: Disorderly Conduct, Illegal Possession or Consumption of Alcohol by Minor, Possession of Liquor by Underage Person Case No. 2011 - 000289 Offender: Margaret Parker Charges: Sale of Alcohol to Minors (Statute 9.12.070) and Sale to Intoxicated Person (Statute 9.12.040) Arrest Report # 11000213 on 4/15/11 Complaint and Summons Citation No. 23136; Court date set for June 15, 2011 These reports inform the Local Liquor Licensing Authority about a violation that occurred on March 17, 2011 at Finnegan's Wake Irish Pub. Please note that the first case is provided as supplemental to the second report No. 2011 -000289 which describes that Margaret Parker was issued a "Complaint and Summons" to Avon Municipal Court on June 15, 2011 for "Sales to Intoxicated Persons ". The "Authority' will consider whether or not to adopt Resolution No. 11 -01 as follows: • A Resolution Finding Probable Cause To Believe That Finnegan's Wake Irish Pub LLC d /b /a Finnegan's Wake Irish Pub Has Violated A Law, Rule Or Regulation With Respect To The Operation Of Its Licensed Premises; Setting A Hearing With Respect Thereto; And Directing The Issuance And Service Of A Notice Of Hearing And Order To Show Cause As To Why The Hotel and Restaurant Liquor License Of Such Licensee Should Not Be Suspended Or Revoked. Please find attached a copy of the Resolution and the Notice of Hearing and Order to Show Cause ". Background: The Colorado Liquor Code provides for rules related to license suspension, revocation and fines. Some highlights from the Colorado Municipal League's "Liquor & Beer Licensing Practice" Publication are helpful in understanding the role of the Liquor Authority. Some excerpts follow and Chapter 3 is included as an attachment for your review. If a licensee or an agent, servant, or employee of a licensee, violated any of the provisions of the Colorado Liquor Code, any rules or regulations authorized pursuant to the Liquor Code, or any terms, conditions or provisions of the license issued by the local authority, the local licensing authority may suspend or revoke the license. The local authority may act on its own motion or a complaint. Before suspending or revoking a license, the local authority must investigate and hold a public hearing at which the licensee is afforded an opportunity to be heard. If there is probable cause to believe that a violation has occurred, the local authority must issue and cause to be served on the licensee a notice of hearing and order to show cause why the license should not be suspended or revoked. Discussion: The Authority can choose to hold a hearing at which time it must decide whether or not a violation occurred based on the evidence presented. The resolution is provided as action the Local Authority could take to set a hearing date. The Finnegan's Wake Irish Pub establishment has been informed that this violation is before the Liquor Authority and that consideration will take place on May 10, 2011. 1 have asked the owner of Finnegan's, Maggie Parker, to attend this meeting. The resolution and notice suggest a June 14, 2011 date if the Authority decides to set a show cause hearing. Typically there has been a 30 day timeframe that has been used in setting the hearing date; the final date is a decision of the Authority. Attachments: A. Avon Incident/ Investigative Reports B. Resolution No. 11 -01 C. Show Cause Notice D. CIVIL Liquor & Beer Licensing and Practice / Chapter 3: License Suspension, Revocation, and Fines ALB.Memo.Show Cause. Finnegans.2011 Page 2 of 2 Incident/Investigation Report ATTACHMENT A Agency: APD Case Number: 2011- 000284 Date: 03/24/2011 12:23:15 Incident Information Date/Time Reported Date/Time Found Date/Time Found Officer 03/18/2011 00:52 03/18/2011 00:52 03/18/2011 00:52 (95) PEREZ, SANTIAGO S Incident Location 18- 9- 106(1)(d) 82 E Beaver Creek Blvd, Avon, CO 81620 0 Com Charges 1 Charge Type Description Statute UCR ❑Att State DISORDERLY CONDUCT - FIGHTS WITH ANOTHER 18- 9- 106(1)(d) 90C 0 Com Alcohol, Drugs or Computers Used Location Type Premises Entered Forced Entry Weapons 0 Alcohol ❑ Drugs ❑ Computers BAR / NIGHT CLUB ❑ Yes 0 No 1. Other 2. Entry Exit Criminal Activity 3. Bias Motivation Bias Target Bias Circumstances Hate Group 2 Charge Type Description Statute UCR ❑ Att State DISORDERLY CONDUCT - FIGHTS WITH ANOTHER 18- 9- 106(1)(d) 90C 0 Com Alcohol, Drugs or Computers Used Location Type Premises Entered Forced Entry Weapons 0 Alcohol ❑ Drugs ❑ Computers BAR / NIGHT CLUB ❑ Yes 0 No 1. 2. Entry Exit Criminal Activity 3. Bias Motivation Bias Target Bias Circumstances Hate Group Charge Type Description Statute UCR ❑ Att State ILLEGAL POSSESSION OR CONSUMPTION OF ALCOHOL BY MINOR 18 -13- 122... 1 90G 0 Co. Alcohol, Drugs or Computers Used Location Type Premises Entered Forced Entry Weapons 0 Alcohol ❑ Drugs ❑ Computers BAR / NIGHT CLUB ❑ Yes 0 No 1. 2. Entry Exit Criminal Activity 3. Bias Motivation Bias Target Bias Circumstances Hate Group 41Charge Type Description Statute UCR ❑ Att Municipal POSSESSION OF LIQUOR BY UNDERAGE PERSON 9.12.060 90G 0 Com Alcohol, Drugs or Computers Used Location Type Premises Entered Forced Entry Weapons 0 Alcohol ❑ Drugs ❑ Computers BAR / NIGHT CLUB p Yes 0 No 1. 2. Entry Exit Criminal Activity 3. Bias Motivation Bias Target Bias Circumstances Hate Group S Report: r_lwlni.frx ' Page 1 of 16 03/24/201112:23:16 Incident/Investigation Report Agency: APD Case Number: 2011- 000284 Date: 03/24/2011 12:23:16 Victims Charge Type Description Statute Residency Status ❑ Att 1 SOCIETY/ PUBLIC State 3RD DEG CRIMINAL TRESPASS 18- 4- 504(1) [U—CR 90J ® Corn Alcohol, Drugs or Computers Used Location Type Premises Entered Forced Entry Weapons ® Alcohol ❑ Drugs ❑ Computers BAR i NIGHT CLUB Scars, Marks, Tatoos or other distinguishing features ❑ Yes ® No 1. 2. Entry Exit Criminal Activity Business Phone Victim of Crimes 3. Bias Motivation as Target Bias Circumstances Hate Group Victims L Type Injuries Residency Status Ethnicity 1 SOCIETY/ PUBLIC None Sex M DOB .. Age 19 Height 5'08" Weight 135lbs Address Home Phone ( Employer Name/Address Business Phone Scars, Marks, Tatoos or other distinguishing features Physical Characteristics Suspect Details 0 Report: r_lwini.frx Page 2 of 16 03/24/201112:23:16 Incident/Investigation Report Agency: APD Case Number: 2011- 000284 Date: 03124/2011 12:23:16 Witnesses Witness Notes Se' . # Name (Last, First, 111n Race Sex DOB Age Address Home Phone 114 BACHLOR GULCH RD APT. 4 -004, AVON, CO 81620 (304) 281 -1374 Employer Name/Address Business Phone Witness Type Witness Notes # Name (Last, First, M) Race W I Sex M DOB 06/10/1985... Age Address 1923 LAKE CREEK VILLAGE DR APT. 8 -101, EDWARDS, CO 81632 Home Phone Employer Name/Address Business Phone Witness Type Witness Notes T4, ' Name (Last, First, M) Race W Sex M DOB Age kddress Home Phone ( :mployer Name/Address Business Phone Fitness Type Fitness Notes f - n - eport: r_Iwlni.frx Page 3 of 16 03/24/201112:23:16 Incident/Investigation Report Agency: APD Case Number: 2011- 000284 Date: 03/24/2011 12:23:16 Assisting Officers 6) PECK, CHRIS G 53) BRIGGS, JEFFREY L ►ort: r lwlni.frx Page 4 of 16 03/24/201112:23:16 Incident/Investigation Report Agency: APD Case Number: 2011- 000284 Date: 03/24/2011 12:23:16 Notes/Narrative CASE #: 11 -284 OFFICER: PEREZ REPORT DATE: 03 -18 -11 OFFENDER(S): VICTIM(S): SOCIETY, TOWN OF AVON, STATE OF COLORADO SYNOPSIS: This report is about a 19 year old person who got very intoxicated at Finnegans Wake and was combative NARRATIVE / INVESTIGATION: 03 -18 -11 at about 00:52 I Officer Perez received a report of a combative person ( at 82 Beaver Creek, Finnegans Wake. I also was informed that security had Cameron on the ground handcuffed. When I arrived, I went up to the second floor where Cameron and security were at. The first thing I noticed was Cameron was on the floor screaming and trying to kick at the security personal. I also noticed that Cameron was handcuffed over one leg where he could not get up. There was blood on the floor and on the face of Cameron. I got close to Cameron and told him I was an Avon Police Officer and I was here to help him and I needed to see where he was hurt. Cameron looked at me told me to go fuck myself. As I was trying to see where Cameron was bleeding from and was kneeling down by his face to check his face area, Cameron tried to head butt me on my leg/groin area. (Did this head butt three times) Officer Lundblade arrived to help me and Cameron kicked at Officer Lunblade at least four times. Cameron was screaming, cussing, and trying to get up. I told Cameron to stay down because he might hurt himself and or other person in the area. Cameron just kept jerking his body and trying to hit his head on the floor. I kept my hand on Cameron's head so he would not hurt himself. Cameron kept on jerking and struggling trying to get up. When medical arrived Cameron also told them to fuck off and would not let them check him for injuries. It took awhile for fire and medical to get Cameron on a gurney and then secure him down so he would not get away and hurt himself. Cameron was then transported by Ambi to Vail Valley Medical Center with Officer Peck following the ambulance. Officer Ramirez was also at the scene to assist and I asked her to talk to the security guards who had to struggle with Cameron and also any other witnesses and get all their information for this report. I asked Officer Ramirez what she found out. Officer Ramirez told me the following: A witness by the name of Jamie E. Mortaiis (Female) told Officer Ramirez that Cameron had taken a pack of cigarettes that belonged to her and she got the cigarettes back from Cameron. Jamie also told Officer Ramirez that Cameron then tried to pick pocket a wallet from a man by the name of Mark Treptow and the only information on Mark was a phone number of 317 - 371 -7831. (Will try to contact Mark on a later date and get a statement from him) Officer Ramirez also gave me the name of the security guard, Alberto Garcia Ibrahim who had to struggle with Cameron. Before I left the scene I talked to Alberto and told him as soon as he was done with Finnegans Wake to come to the Avon Police Dept. with who ever else was involved with struggling with Cameron. Alberto told me he would. Later on the morning Alberto and the other security guard who was involved (I. D. as Ivan Soto) came to the Avon Police Dept. and gave me written statements as to what happened. I had Alberto first to tell me verbally what happened. Alberto told me the following: Alberto said Jamie was yelling at Cameron for trying to steal her cigarettes and there was also another person (Mark Treptow) yelling at Cameron for trying to pick pocket him. Alberto said when he and Ivan tried to talk to Cameron, Cameron started yelling at them and calling them assholes and to go fuck themselves. Alberto asked Cameron to go with them outside and talk and as they were trying to escort Cameron outside, Cameron started to jerk and struggle trying to runaway. Alberto said that Cameron then headbutted him causing a small bump in the right eye area. (Alberto does not want to press charges on Cameron for the assault) The statement from Ivan Soto was written in spanish but states about the same as Alberto's. I called Officer Peck at Vail Valley Medical Center and asked him about Cameron. Officer Peck told me Cameron was still being combative with the medical personal. Officer Peck told me he was going to issue a county summons to Cameron for Disorderly conduct, third degree trespassing, and Illegal possession or consumption of Ethyl alcohol by and underage person then transport Cameron to the Eagle County Jail when he got medically discharged. Report: r_lwlni.frx Page 5 of 16 03/24/201112:23:16 Incident/Investigation Report Agency: APD Case Number: 2011- 000284 Date: 03/24/2011 12:23:16 IS OFFENDER A LEGAL RESIDENT IN THE US ?: Yes, out of state drivers license. FOREIGN NATIONAL ARREST ADVISEMENT FAXED TO ICE AND COPY ATTACHED TO CASE FILE: Na PHOTOS TAKEN: At the Eagle County Jail FINGERPRINTED Y/N: At the Eagle County Jail. ATTACHMENTS: Statements from Alberto and Ivan. VICTIM RESOURCE / RIGHTS BOOKLET: No CASE STATUS / DISPOSITION: Open. Report: r 1wlni.frx Page 6 of 16 03/24/201112:23:16 Incident/Investigation Report Agency: APD Case Number: 2011- 000284 Date: 03/24/2011 12:23:16 Supplement Information Supplement Date Supplement Type Supplement Officer 03/19/2011 16:15:59 ADDITIONAL OFFICER INFO (96) PECK, CHRIS G Contact Name Supervising Officer (562) DANSMN, KENNETH B Report: r_lwlni.frx Page 7 of 16 03/24/201112:23:16 Fingerprinted 4 omp e ARREST REPORT ❑p Yes pp Yes No © No 1 ORI# 2 AGENCY NAME 3a•ARREST9 3b CASE# 4 SFX C00190600 Avon Police Department 11000155 2011 - 000284 6 LAST, FIRST, MIDDLE NAME 6 ALIAS AKA I—X M W ®A HOT. 1 10 WGT. 11 1 EYE 12 HAIR 13 SKIN 14 SCARS MARKS Q TATTOOS ® AMPUTATIONS F e 11 1 5 -08 135 -0 HAZ BLN F, 16 PLACE OF BIRTH (CITY, COUNTY, STATE) 16 SSN 17 D&M OF BIRTH 16 AGE 19 MISCELLANEOUS ID # Colorado .. 19 20 S 21 FINGERPRINT CLASS KEY MAJOR PRIMARY SCDV SuS-nc ............. FINAL 22 DL # 23 ST a W Q 1-1577 Co 24 FBI 0 HENRY CLASS 26 IDENTIFICATION COMMENTS NCIC CLASS 26Q RESIDENT 27 HOME ADDRESS (STREET, CITY, STATE, ZIP) 26 RESIDENCE PHONE 29 OCCUPATION (BE SPECIFIC) it NON - RESIDENT 0118 Bachelor Gulch Trail A t 4 Avon CO 81620 303 550 -6984 Transporter 30 EMPLOYER (NAME OF COMPANY/SCHOOL) 31 BUSINESS ADDRESS (STREET, CITY, STATE, ZIP) 72 BUSINESS PHONE Vail Resorts 33 LOCATION OF ARREST (STREET, CITY, STATE, ZIP) u SECTOR # 3 ESTED FOR YOUR JURISDICTION? ❑ YES ❑ NO 82 E Beaver Creek Blvd Avon Co 81620 OUS OUT STATE 36 CONDITION OF Q DRUNK Q SOBER 37 RESIST ARREST? 38 INJURIES? Q NONE 39 ARMED? 40 DESCRIPTION OF WEAPON ARRESTEE: Q DRINKING ® DRUGS Q YES Q NO 1 Q OFFICER Q ARRESTEE Q Y N 41 DATE OF ARREST 42 43 DAY OF ARREST M TYPE ARREST 46 ARRESTED BEFORE? 03/18/2011... 00:52 1. AM MIL. © T ©T S YES CO NO rM 2. PM UNKNOWN 46 CHARGE -1 Q FEL MISD 47 UCR CODE 60 STATE CODEILOCAL ORD. 61 WARRANT # DISPOSITION 62 DATE ISSUED 03/17/2011... Disorder) Conduct -... 90C 18 -9 -106 1 d 22767 46 CHARGE -2 Q FEL MISD 49 UCR CODE b3 STATE CODEILOCAL ORD. 64 WARRANT # DISPOSITION 66 DATE ISSUED 03/18/2011... Illegal Possessi6h Or... 90G 18-13-122(2)(A) 22767 66 CKAROE-3 Q FEL Q MISD 67 UCR CODE 60 STATE CODEA.00AL ORD. 61 WARRANT # DISPOSITION 62 DATE ISSUED 03/18/2011... 3rd Deg Criminal Trespass 901 18-4-504(l) 22767 66 CHARGE -4 Q FEL Q MISD 69 UCR CODE 63 STATE CODE/LOCAL ORD. 84 WARRANT # DISPOSITION 66 DATE ISSUED 66 ARRESTED WITH (1) ACCOMPLICE (FULL NAME) 66 ARREST DISPOSITION 69 ARRESTED WITH (2) ACCOMPLICE (FULL NAME) Cleared By Arrest 70 VYR 71 VMA 72 VMO 73 VST 74 VCO TOP 76 TAG # 76 LIS 77 LIV W BOTTOM 76 VIN 79 IMPOUNDED? 80 STORAGE LOCATION/IMPOUND # Q YES ® NO VEHICLE RELATED TO: VEHICLE RELATION: 61 OTHER EVIDENCE SEIZEDIPROPERTY SEIZED ❑ CONTINUED IN NARRATIVE 62 JUVENILE Q HANDLED AND RELEASED Q REF. TO WELFARE AGENCY ® REF. TO ADULT COURT 63 RELEASED TO DISPOSITION: Q REF, TO JUVENILE COURT ® REF. TO OTHER POLICE AGENCY W 9 64 PARENT OR GUARDIAN (LAST, FIRST, MIDDLE NAME) 99 ADDRESS (STREET, CITY, STATE, ZIP) 36 PHONE 97 PARENTS EMPLOYER 88 OCCUPATION 89 ADDRESS (STREET, CITY, STATE, ZIP) 90 PHONE 91 DATE AtID TIME OF RELEASE 92 RELEASING OFFICER NAME 93 AGENCYIDIVISION 94 ID # 03/ 8/2 1 12;28 AMA MI Martinez, Vanessa 524 96 RELEASED TO 86 AGENCY/DIVISION 1;77GE NCY ADDRESS 96 PERSONAL PROPERTY RELEASED TO ARRESTEE 99 PROPERTY NOT RELEASEDIHELD AT: 100 PROPERTY # Q YES Q NO Q PARTIAL W Val 101 REMARKS (NOTE ANY INJURIES AT TIME OF RELEASE) �JWy S LOCAL USE 102 SIGNATURE OF RECEIVING OFFICER 103 SIGNATURE OF RELEASING OFFICER STATE USE MULTIPLE 104 CASE # 106 SFX 106 CASE # 107 SFX 108 CASE # 109 SFX AOORIONAL CASES 11110 CASES CLOS CLOSED NARRATNE Y N 111 ARRESTING OFFICER (LAST, FIRST, M.) 112 ID # 113 ARRESTING OFFICER (LAST, FIRST, M.) 114 ID # 116 SUPERVISOR 116 WATCH CMDR. Perez Santia o S 95 Dammen ID# 562 ID# 2° - 29`1 Eagle County Detentions Facility Pre - Admission Waiver, Medical & Arrest Information Sheet Waiver: Before Entering The Eagle County Detention Facility I Agree To The Following: 1. That I'have no weapons in my possession: and 2. That my Agency will traa rt the following person I brought to the jail, before he /she appears in front of a Jud ecord A. Ju iles to Det ions( six hour Maximum hol ing time)- or B� ntal Healtb, olds to appropriate placement+Agency i cer Signature/Ba gc number Arrestee Name: Transporting Officer Pre - Admission Medical Responsibilities I .Bleeding Anywhere? (Esta Sangrando De Alguna Partc ?) No Yes 2.Has Received Any Recent Injuries? (Ha recibido Heridas Recientes ?) No Yes 3.Has Fainted Or had Any Recent Head Injuries ?(Se Ha Desmayado O GolpeadoLa Cabeza ?) _No ''\ Yes 4.Has Tuberculosis? ( Tiene Tuberculosis ?) No Yes Last test Date (Fecha del Ultimo Examen ?) Test results: ( Resultados): �, • If Any "YES" Answers, Explain:(Si contest "si" A Alguna Pregunta,Explique): _S - If any of these pre - admission conditions exist, the person(s) you brought to the Eagle County Detention Facility may be required to have a Medical Release before we Accept Custody. Arrestee Signature ( Firma Del Arrestado): Accepting Deputy Pre - Medical Admission Responsibilities 1.Has satisfied the Pre - Admission Medical Answer? No 2. Coherent and able to function on his/her own? No _Yes 3.Currently under a Dr's Care ?(Esta Actualmente Bajo Cuidado Medico ?) No _Yes Yes 4.Taking any type of Medication(s) ?(Ha tornado algun tipo De medicamento ?) No Yes 5.I11 in any way? (Tiene aguna enfermedad ?) No Yes 6.Has condition our Medical Staff should be aware of? (Tiene aguna condicion del cual el personal Medico se Debe percatar ?) No Yes 7.Acceptable Per our Admission Requirements? No Yes Detention Officer /Badge Number Date/Time Inmate cash at intake(Efectivo en posesion del detenido)$ Inmate /witness Initial(Iniciales del detenido /testico) Deputy Initial(Iniciales del Oficial) ARREST INF RMATION Officer: ° .� L - W� r I? Agency /Number: N / 60g _L 2 Arrestee name: IR number: �� - S Summons return court date (if applicable) Court time: Date of arrest: 4 f; I ( Time: Location of arrest: Incident/Charge: r1 # Of counts this charge: Statute M Class of charge: Statute #: b� Bond amount: Class of charge: ,Eons rrant #: Bond amount: Incident/Charge: r1 # Of counts this charge: Statute M Class of charge: Summons/Warrant M b� Bond amount: Bond amount: Summons /warrant #: Incident/Charge: r1 # Of counts this charge: Statute #: f Class of charge: Summons/Warrant #: Bond amount: Incident/Charge: Statute #: Summons/Warrant M # Of counts this charge: Class of charge: Bond amount: Incident/Charge: # Of counts this charge: Statute #: Class of charge: Summons/Warrant #: Bond amount: Incident/Charge: # Of counts this charge: Statute #: QWS_5_d charge: Summons /warrant #: Bond amount: AVON POLICE DEPARTMENT, COUNTY OF EAGLE, STATE OF COLORADO AFFIDAVIT IN SUPPORT OF WARRANTLESS ARREST I received a report of a combative person at Finnegans Wake. (Later I. D. as Cameron A. Maurice) Cameron A. Maurice refused to leave when asked to. When I arrived, Cameron A. Maurice was on the floor screaming and and yelling and trying to kick at the security personal who had him on the floor. I talked to Cameron on told him I was an Avon Police Officer. Cameron A. Marice told me to go fuck myself and tried to head butt me on my leg /groin area. It took myself and two other Avon Officers to keep Cameron A. Marice from getting up and hurting himself and others. Cameron A. Marice also kicked Officer Lunblade at least three times in the leg area. When Medical arrived Cameron A. Marice also told them to fuck themselves and also called them asshole. Cameron A. Marice was very intoxicated and was combative all the way to Vail Valley Medical Center. Pte? A iant's Si nature ay ofM , "": scribed and sv otary ublic to before me this My Commission Expires ❑ Reviewed and probable cause found this ❑ Reviewed and probable cause not found this LLl ' •C t70 • • �•• ,AU LAG: pO q�F OF Bp1 OPP day of Commiss1rEWresi /2013 day of , 20 , at Department of Revenue - Liquor and Tobacco Enforcement: 12-... Page 1 of 2 C0loradO The Official State Web Portal Department of Revenue Liquor and Tobacco Enforcement Division Colorado.gov Licenses, Permits and Registration Enforcement State Liquor Licenses Laws and Home Laws and Rules Liquor Liquor Code Part 3 State and Local Licensing 12 -47 -302. Licensing Renewal Rules LAWfrNV rations Text El O 12-47 -302, Licensing Renewal Liquor Beer Code (1) Ninety days prior to the expiration date of an existing license, the Liquor Code state licensing authority shall notify the licensee of such expiration Part 1: General Provisions date by first class mail at the business' last -known address. Part 2: State Licensing Application for the renewal of an existing license shall be made to the Authority local licensing authority not less than forty -five days and to the state Part 3: State and Local licensing authority not less than thirty days prior to the date of Licensing expiration. No application for renewal of a license shall be accepted 12-47 -301, Licensing In by the local licensing authority after the date of expiration, except as General provided in subsection 12-47 -302, Licensing Renewal (2) of this section, but filing with the local licensing authority shall be 12-47 -303, CRS - Transfer of deemed filing with the state, and all renewals filed with the local Ownership and Temporary Permits licensing authorities prior to expiration, and subsequently approved, shall be processed by the state licensing authority, and the expiration 12-47-304, State Licensing Authority - Application and date is extended until the state license is processed. The state or the P Issuance Procedures local licensing authority, for good cause, may waive the forty-five- or 12-47 -305 Denial of thirty -day time requirements set forth in this subsection (1). The local Application licensing authority may cause a hearing on the application for 12-47 -306, Inactive Licenses renewal to be held. No renewal hearing provided for by this 12-47 -307, Persons subsection (1) shall be held by the local licensing authority until a Prohibited as Licensees notice of hearing has been conspicuously posted on the licensed 12- 47 -308, unlawful Financial Premises for a period of ten days and notice of the hearing has been Assistance provided the applicant at least ten days prior to the hearing. The 12-47 -309, Local Licensing licensing authority may refuse to renew any license for good cause, Authority - Applications- subject to judicial review. Any renewal hearing held by the state Optional Premises Licenses licensing authority shall be pursuant to section 12-47 -305 (2). 12-47 -310, Optional (2) (a) Notwithstanding the provisions of subsection (1) of this Premises License -Local Option section, a licensee whose license has been expired for not more than ninety days may file a late renewal application upon the payment of a Posting Public Notice- Posting and Publication nonrefundable late application fee of five hundred dollars to the local licensing authorities. A licensee who files a late renewal application 12-47 -312, Results of Investigation - Decision of and pays the requisite fees may continue to operate until both state Authorities and local licensing authorities have taken final action to approve or 12-47 -313, Restrictions for deny such licensee's late renewal application. Applications for New License (b) No state or local licensing authority shall accept a late renewal Part 4: Classes of Licenses _ -a n.....-.:... application more than ninety days after the expiration of a licensee's . . r w r .. . . .. . _ .. .. . I A http://www.colorado.gov/cs/Satellite?c=Page&cid=121058331114... 5/8/2011 Department of Revenue - Liquor and Tobacco Enforcement: 12 -... Page 2 of 2 d11U rC11111Lb Part 5: License Fees and Excise Taxes Part 6: Disciplinary Actions Part 7: Inspection of Books and Records Part 8: Judicial Review and Civil Liability Part 9: Unlawful Acts /Enfocement Part 10: Responsible Alcohol Beverage Vendor Act Special Events Permits Code Code Of Regulations, 1 C.C.R 203 -2 Tobacco permanent annual license. Any licensee wnose permanent annual license has been expired for more than ninety days must apply for a new license pursuant to section 12-47 -311 and shall not sell or possess for sale any alcohol beverage until all required licenses have been obtained. (c) Notwithstanding the amount specified for the fee in paragraph (a) of this subsection (2), the state licensing authority by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24- 75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the state licensing authority by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24- 75-402 (4), C.R.S. State Home Revenue Home Divisions Privacy and Security Policy Contact Us Locations Q 2011 State of Colorado, Denver, CO http://www.colorado.gov/cs/Satellite?c=Page&cid=121058331114... 5/8/2011 Memo To: Avon Liquor Board Thru: Larry Brooks, Town Manager cc: Eric Heil, Town Attorney From: Debbie Hoppe, Court Clerk Patty McKenny, ATM Management Services Date: May 04, 2011 Re: Special Events Permits— PUBLIC HEARING Summary: The Town Council serving as the Local Liquor Authority will consider the following special event permit application at the May 10th Liquor Board Meeting; this application will require a Public Hearing. SPECIAL EVENT PERMITS - PUBLIC HEARINGS a. Applicant: Beaver Creek Resort Company Event Name: 2011 Beaver Creek Rodeo Series Event Date: June 30, 2011 / July 7, 14, 21, 2011 / August 4, 11, 18, 2011; 4 pm -10 pm Event Manager: Jean Dennison Event Location: Traer Creek Lot 1 Discussion: The following information as required by the State Liquor Enforcement Division & the Town of Avon is attached: ✓ Application for a Special Events Permit ✓ Map of Premises & Diagrams where liquor will be served ✓ Certificate of Good Standing ✓ License Agreement between Traer Creek, LLC & Beaver Creek Resort Company for use of premises ✓ Alcohol Management Plan ✓ Avon Police Report on Background checks on applicant The applicant has provided all appropriate materials. The Town has posted the premises for notice of the public hearing. Jean Dennison, Event Manager, will be present at the meeting to answer any questions. Financial Implications: There are local liquor licensing fees associated with the special event permits and the applicant has submitted those fees. Town Manager Comments: OR 8439 (06/28/06) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 (303) 205 -2300 APPLICATION FOR A SPECIAL Department Use Only EVENTS PERMIT IN ORDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NONPROFIT AND ONE OF THE FOLLOWING (See back for detan&) © SOCIAL ❑ ATHLETIC p PHILANTHROPIC INSTITUTION ❑ FRATERNAL ❑ CHARTERED BRANCH, LODGE OR CHAPTER ❑ POLITICAL CANDIDATE ❑ PATRIOTIC ❑ OF A NATIONAL ORGANIZATION OR SOCIETY ❑ MUNICIPALITY OWNING ARTS ❑ POLITICAL ❑ RELIGIOUS INSTITUTION FACILITIES LIAB TYPE OF SPECIAL EVENT APPLICANT IS APPLYING FOR: DO NOT WRITE IN THIS SPACE 2110 ® MALT, VINOUS AND SPIRITUOUS LIQUOR $25.00 PER DAY LIQUOR PERMIT NUMBER 2170 F—I FERMENTED MALT BEVERAGE (3.2 Beer) $10.00 PER DAY 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE State Sales Tax Number (Required) Beaver Creek Resort Company of Colorado 12- 25794 -0000 2 MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE 3. ADDRESS OF PLACE TO HAVE SPECIAL EVENT (Include street, city/town and ZIP) (Include street, city/town and ZIP) 26 Avondale Lane Traer Creek PO Box 5390 Avon, CO 81620 Lot 1 Avon, CO 81620 NAME DATE OF BIRTH HOME ADDRESS (Street, City, State, ZIP) PHONE NUMBER 4. PRES./SECY OF ORG. or POLITICAL CANDIDATE Jean Dennison 8/21/45 0139 N Penstemon Ln Eagle, CO 81631 970 3313329 5. EVENT MANAGER Jean Dennison 8/21/45 PO Box 998 Eagle, CO 81631 970 331 3329 6. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEEN 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? © NO [:] YES HOW MANY DAYS? © NO [] YES TO WHOM? 8. DOES THE APPLICANT HAVE POSSESSION OR WRITTEN PERMISSION FOR THE USE OF THE PREMISES TO BE LICENSED? 0 Yes ❑ No LIST BELOW THE EXACT DATE(S) FOR WHICH APPLICATION IS BEING MADE FOR PERMIT Date June 30, 2011 Date July 7, 2011 Date July 14, 2011 Date July 21, 2011 Date August 4, 2011 Hours From 4:00pU.m. Hours From 4:00p m. Hours From 4 :00p •m. Hours From 4:00p M. Hours From 4:00p -m• To 10:00 .m. To 10:00 .m. To 10:00 .m. TO 10:00 m- To 10:00P m. OATH OF APPLICANT I declare penalty of perjury in the second degree that l have read the foregoing application and all attachments thereto, and th �Mn inform tion therein is true, correct, and complete to the best of my knowledge. SIG ATURE TITLE D Administrator and Secretary REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY OR COUNTY) The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the provisions of Title 12, Article 48, C.R.S., as amended. THEREFORE, THIS APPLICATION IS APPROVED. LOCAL LICENSING AUTHO TY (CITY OR COUNTY) ,Ty I TELEPHONE NUMBER OF CITY /COUNTY CLERK ❑ COUNTY — — c a SIGNATURE TITLE DATE DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Account Number Liability Date State TOTAL $ -750(999) (Instructions on Reverse Size) DR 8439 (06128/06) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 (303) 205 -2300 APPLICATION FOR A SPECIAL Department Use Only EVENTS PERMIT IN ORDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NONPROFIT AND ONE OF THE FOLLOWING (See beck for details.) ® SOCIAL ❑ ATHLETIC ❑ PHILANTHROPIC INSTITUTION ❑ FRATERNAL ❑ CHARTERED BRANCH, LODGE OR CHAPTER ❑ POLITICAL CANDIDATE ❑ PATRIOTIC ❑ OF A NATIONAL ORGANIZATION OR SOCIETY ❑ MUNICIPALITY OWNING ARTS ❑ POLITICAL ❑ RELIGIOUS INSTITUTION FACILITIES LIAR TYPE OF SPECIAL EVENT APPLICANT IS APPLYING FOR: DO NOT WRITE IN THIS SPACE 2110 © MALT, VINOUS AND SPIRITUOUS LIQUOR $25.00 PER DAY LIQUOR PERMIT NUMBER 2170 r-1 FERMENTED MALT BEVERAGE (3.2 Beer) $10.00 PER DAY 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE State Sales Tax Number (Required) Beaver Creek Resort Company of Colorado 12- 25794 -0000 2 MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE & ADDRESS OF PLACE TO HAVE SPECIAL EVENT (Include street, city/town and ZIP) (include street, city/town and ZIP) 26 Avondale Lane Traer Creek PO Box 5390 Avon, CO 81620 Lot 1 Avon, CO 81620 NAME DATE OF BIRTH HOME ADDRESS (Street, City, State, ZIP) PHONE NUMBER 4. PRES./SEC'Y OF ORG. or POLITICAL CANDIDATE Jean Dennison 8/21/45 0139 N Penstemon Ln Eagle, CO 81631 970 3313329 & EVENT MANAGER Jean Dennison 8/21/45 PO Box 998 Eagle, CO 81631 1970 3313329 S. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEEN 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? © NO [:] YES HOW MANY DAYS? © NO [] YES TO WHOM? & DOES THE APPLICANT HAVE POSSESSION OR WRITTEN PERMISSION FOR THE USE OF THE PREMISES TO BE LICENSED? QI Yes ❑ No LIST BELOW THE EXACT DATE(S) FOR WHICH APPLICATION IS BEING MADE FOR PERMIT Date August 11, 2011 Date August 18, 2011 Date Date Date Hours From 4 :00p ©.m. Hours From 4:00p m. Hours From m. Hours From m. Hours From m. To 10:00 .m. To 10:00P m. To m. 7o m. To m. OATH OF APPLICANT / declare under penalty of perjury in the second degree that / have read the foregoing application and all attachments thereto, and that all infoLplaWn therein is true, correct, and complete to the best of my knowledge. SIGNA E r ITLE DATE Administrator and Secretary REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY OR COUNTY) The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the provisions of Title 12, Article 48, C.R.S., as amended. THEREFORE, THIS APPLICATION IS APPROVED. LOCAL LICENSING AUTHORITY (CITY OR COUNTY) Ek Cil'Y TELEPHONE NUMBER OF CITY/COUNTY CLERK nC= Avon ❑ COUNTY Q - Q IS SIGNATURE 1-5 TITLE DATE DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Account Number Liability Date State TOTAL -750(999) (Instructions on Reverse Size) O W O Y N W Z 1= u a W I— Q H W m rn e L cu a a� ca 0 0 Y U cu m EXHIBIT A LIQUOR LICENSE AREA 2011 BEAVER CREEK RODEO SERIES co e �6"O ;s a a6p4Ols +� f� o Mr r qj 4O .7 CL � m a� 0 ico cp my m p ca *r e Z c co a c ^ 0 I L L O O m m m o C,6 0 a u') a v ❑ OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, BEAVER CREEK RESORT COMPANY OF COLORADO is a Nonprofit Corporation formed or registered on 05/04/1979 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 19871371898. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 04/05/2011 that have been posted, and by documents delivered to this office electronically through 04/07/2011 @ 16:50:54. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 04/07/2011 @ 16:50:54 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7914850. IS Secretary of State of the State of Colorado ************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *End of Notice • A certificate issued elecirontcal�y from the Colorado Secre�r�ofState Is Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation page of the Secretary of State's Web site, http: ;hvtiinv.sos. state. co. tt. sih i; 'CertificateSeoi•chC'r•iteriado entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed CRn irming the issuance eta certificate is merely onttonal and is not necessary to the valid and e(Jecttve issuance ofa cer ficate. For more information, visit our Web site, Nip: itnfnv.sos. state. co.as• click Business Center and select "Frequently Asked Questions. " CERT GS D Revised 08120/2008 EXECUTION COPY LICENSE AGREEMENT THIS LICENSE AGREEMENT (this "Agreement "), made effective as of the 15 "' day of March , 2007, is between TRAER CREEK LLC, a Colorado limited liability company ( "TRAER CREEK ") and BEAVER CREEK RESORT COMPANY OF COLORADO, a Colorado non -profit corporation ( "BCRC "). RECITALS A. TRAER CREEK is the owner of that certain real property known as the Stohlport Site located within the Town of Avon, Eagle County, Colorado, and more fully described on EXHIBIT A attached hereto and made a part hereof by this reference (the "Premises "). B. BCRC desires to conduct a western rodeo and related activities during the sunnier of 2007 at the Premises (the "Rodeo "). C. BCRC desires to provide alcoholic beverage service for the Rodeo, subject to the terns and conditions contained herein. AGREE1ENT In consideration of the Recitals, terns, covenants and conditions contained herein and the respective benefits to be derived by the parties in general, the receipt and sufficiency of which arc hereby acknowledged, the parties agree as follows: 1. Grant and License to Use. Subject to the terms, covenants and conditions set forth in this Agreement, TRAER CREEK hereby grants a license to BCRC and its employees, contractors, agents and invitees to use and possess the Premises during the Tenn of this Agreement as follows: (a) during the days set forth on EXHIBIT B attached hereto (the "Event Days "), for conducting a Rodeo, including, lAthout limitation, holding rodeo style events, serving and selling food, alcoholic beverages (subject to Section 4 below) and nonalcoholic beverages, providing booths, spectator seating, corrals, food and beverage scr vicc and concession facilities, generators and toilet facilities (collectively, the "Facilities ") and Related Activities (as hereinafter defined), and (b) during all other days of the 'Perm, other than the Event Days, for set -up, preparation, take -down and clean -up of the Premises in connection the Event Days, including without limitation, storing and /or erecting equipment and /or the Facilities (collectively, the "Related Activities "), except that vehicles not actually in use shall .not be stored on the site. BCRC shall use the Premises only for the purposes described in this Agrcernent. 2. Term. The Initial Tenn of this Agreement shall commence on \lay 1, 2007 and shall expire at midnight on Septcinbcr 20, 2007, unless sooner terminated pursuant to the terms of this Agreement. Unless terminated by either party, this Agreement shall, upon notice by BCRC and confirmation by TRAER CREEK pursuant to Section 16 of this Agreement, automatically renew for an additional tens of similar length and period (each, a "Subsequent Term"). Hereafter, the "Tern" shall refer collectively to the Initial Term and each Subsequent Tenn. (00193570.DOC) EXECUTION COPY 3. Rent and Miscellaneous Expenses Associated with the Premises. (a) During the Initial Term and each Subsequent Term of this Agreement, BCRC shall pay to TRAER CREEK rent for the entire Term in an amount equal to 510.00 per season. Such rent shall be due and payable on or before May 1, 2007, at the offices of TRAER CREEK at 322 East Beaver Creek Road, Avon, Colorado. (b) TRAER CREEK shall not incur any expenses whatsoever related to these Premises, including but not limited to obtaining required permits and construction of Premises. It should be noted that prior to engaging in construction activities, BCRC must obtain the prior written approval of TRAER CREEK and the Town of Avon. 4. Alcohol Beverage Service. (a) During the Term of this Agreement, prior to storing, serving, or selling any malt, vinous or spirituous liquors on the Premises, BCRC shall, pursuant to C.R.S. § 12 -48- 101, et serf., apply for and obtain all necessary permits to allow BCRC to store, sell and /or serve such beverages on the Premises during the Event Days. BCRC shall only be entitled to serve alcoholic beverages on Event Days. BCRC shall be solely responsible for obtaining any permits, licenses and/or approvals necessary to conduct the Rodeo and to provide food and alcoholic and non - alcoholic beverage service during the Rodeo. (b) BCRC agrees that, during the Terns of this Agreement it shall comply with and enforce all applicable federal, state and local statutes, orders, rules and regulations, specifically including, but not limited to, by controlling the Premises and the area licensed by the Special Event Permit and, if necessary, hiring additional police assistance. BCRC further ag*r-ccs to use signage, roping and /or persons, including its members, employees, licensees and /or agents, to control the Premises at all times during the Event Days of this Agreement. BCRC also agrees that any and all alcoholic beverages will be served by the glass by members, employees, licensees or agents of BCRC. At no time during the Event Days will BCRC allow self - service of alcoholic beverages by invitccs or guests. (c) During Event Days, BCRC shall not permit within or upon the Premises, service of alcoholic beverages to persons who are visibly intoxicated and, further, BCRC shall not permit the over service of alcoholic beverages or service to individuals under twenty -one (21) years of agc by any member, employee, agent, BCRC, guest or invitee within or upon the Premises. (d) BCRC further° agrees that before, during and /or after each Event Day, no member, employee, agent, representative, BCRC, guest and/or invitee shall be allowed to remove, for the purpose of his or her personal consumption, any alcoholic beverage from the Premises, whether by the bottle or by the glass. At the end of each Event Day, BCRC, by and through its employees, agents and/or representatives, shall have the right to remove from the Premises any unused and unopened alcoholic beverages and to store such items in an appropriate area. /Ie� (00193570.DOC) 2 EXECUTION COPY 5. AdditionalOblieations. (a) BCRC shall pay any and all costs associated with the rental and installation of generators and portable toilets, including but not limited to transporting the generators and portable toilets to and from the Premises. (b) At the conclusion of each Event Day, BCRC shall clean up the Premises and surrounding area. If TRAER CREEK is required to clean up the Premises, then all costs TRAER CREEK incurs in cleaning up and restoring the Premises shall be billed to BCRC and BCRC agrees to promptly pay such costs. (c) BCRC shall contractually obligate any subcontractor retained by BCRC to comply with all laws, Mes, regulations, ordinances and orders applicable to the service and sale of liquor and beverages and other concession services at the Premises. (d) BCRC shall not use or pernit the Premises to be used in any manner that shall interfere with or disturb the use and enjoyment of any owner, tenant, occupant or other person of or on property located near the Premises whether on account of noise, trash, odors or otherwise. (e) BCRC shall keep the Premises in a neat, clean and sanitary condition at all times during the Tear of this Agreement. (f) BCRC hereby acknox ledges that there may be sonic construction - related activities (by Traer Creek) on file Premises, 6. Maintenance and Utilities. BCRC covenants that during the Event Days, the maintenance and repair of the Premises shall be the responsibility of BCRC, at BCRC's own cost and expense. 7. Alterations by BCRC. BCRC shall make no alterations, additions or improvements in or to the Premises without TRAER CREEK's prior written approval and consent for items and or improvements other than those shown on EXHIBIT C attached hereto and incorporated herein by this reference. Any such work shall be performed in a good and workmanlike manner and BCRC shall keep the Premises free and clear of all liens on account of work done for BCRC. BCRC shall require lien waivers from all subcontractors. Should the Premises be liened at any time, BCRC shall immediately bond around the lien and reimburse TRAER CREEK for any expenses related to the lien (included but not limited to reasonable attorney's fees and costs). For the Term of this Agreement, TRAER CREEK specifically approves and consents to BCRC's temporary placement of the Facilities on the Premises as described on EXHIBIT D. S. Insurance. (a) During the Term of this Agreement, BCRC shall maintain, at its sole cost and expense, the following policies of insurance: (00193570.1 )OC} EXECUTION COPY (i) Commercial general liability insurance in an occurrence format in an amount of $3,000,000 per occurrence, including the following coveragcs: contractual liability, personal injury, broad form property damage, and independent contractors insurance. Such policies shall include a provision requiring a minimum of thirty (30) days' notice to TRAER CREEK of any change or cancellation. TRAER CREEK shall be named as an additional named insured as its interests may appear on this policy. (ii.) Comprehensive automobile liability insurance on all vehicles used in connection with this Agreement, in an amount of $1,000,000 combined single limits i'or bodily injury and property damage, per occurrence. BCRC shall legally obligate its subcontractors, either contractually or otherwise, to obtain identical coverage. TRAER CREEK shall be manned as an additional insured as its interests may appear on BCRC's and any subcontractor's policies. (b) During the Term of this Agreement, BCRC shall maintain, at its sole cost and expense, premises operations and host liquor liability insurance. Such policies shall include a provision requiring a minimum of thirty (30) days' notice to TRAER CREEK of any change or cancellation. TRAER CREEK shall be named as an additional named insured as its interests may appear on this policy. (c) On or before June 10, 2007, and on or before June 10 of each year during a Subsequent Tern, BCRC shall provide to TRAER CREEK certificates of insurance evidencing its policies. If any services are subcontracted, BCRC shall similarly require the subcontractor to provide insurance as described above. 9. Ouict Enjoyment. TRAER CREEK covenants and agrees with BCRC that upon BCRC observing and performing all the terms, covenants and conditions of this Agreement on BCRC's part to be observed and performed, TRAER CREEK shall not, subject to Section 11 below and Section 5(g) above, disturb BCRC's peaceable and quiet enjoyment of the Premises during the Term of this Agreement. 10. Acceptance of Premises. BCRC accepts the premises in an "as is" condition. 11. TRAER CREEK Access to Premises. TRAER CREEK and its agents shall have the right to enter the Premises at all times to examine them, to show the Premises to prospective purchasers, mortgagees, lenders or TRAER CREEK, and to make and perform such maintenance or repairs as TRAER CREEK may deem necessary or desirable, on the conditions that TRAFR CREEK shall use all reasonable cflbrts to minimize interference with the Rodeo, the Premises and the Facilities. Furthermore, TRAER CREEK and its agents shall have the right to use the Premises on non -event days for any purpose that will not interfere with BCRC's use of the Premises on Event Days. Further, absent a formal assignment of this Agreement, any new owner of the Premises shall also have the right of entry; provide(], however, any such new owner shall be subject to the convents and conditions contained herein. 12. Assiunrnent and Subletting. (a) BCRC shall not assign, convey, record, mortgage, hypothecate or encumber this Agreement at any time during the Term hereof without the prior written consent ;001935 AMC) 4 EXECUTION COPY of TRAER CREEK. TRAER CREEK acluiowledges and agrees that BCRC may assign its rights and delegate responsibility with respect to the concession services and other services and the service of alcoholic beverages to subcontractors selected by BCRC. (b) TRAER CREEK may assign, convey, record, mortgage, hypothecate or encumber its rights and obligations under this Agreement at any time during the Term hereof without the prior written consent of BCRC. 13. Default. If BCRC neglects or fails to perform or observe any of the terms or covenants herein contained on the part of BCRC to be performed or observed, and BCRC fails to remedy such default within five (5) business days after receiving written notice specifying such neglect or failure (or within such period, if any, as may be reasonably required to cure such default if it is of such nature that it cannot be cured within such 5 -day period, provided that BCRC commences to remedy such default within such 5 -day period and proceeds with reasonable diligence thereafter to cure such default), BCRC shall be in default of this Alp- ccmcnt. It should be noted that should a vendor be found selling duplicate items to a TRUER CREEK vendor (as defined in Paragraph 25), the default \MUST be cured within (lie 5 -d.ry period. 14. Remedies. If BCRC shall default under this Agreement as set forth in Section 13(a), TRAER CREEK shall have all remedies at law and/or equity, including but not limited to TRAER CREEK's right to terminate this Agreement, re -enter and take possession of the Premises and /or pursue any statutorily mandated court proceeding. All remedies shall be cumulative and the exercise of one remedy shall not be deemed to have been an election of remedies by TRAER CREEK to the exclusion of any other remedies available. 15. Termination. Except as provided in Sections 13 and 16, neither party may terminate this Agreement without written consent of the other party. 16. Notice of Intent to Renew Agreement for Subsequent Tcrnr. BCRC shall, no later than September 30 of each year commencing in 2007, provide written notice to TRAER CREEK of its intent to renew this License Agreement. Should 'TRAER CREEK not receive such written notice, this Agreement shall not renew. -Alternatively, if TRAER CREEK receives written notice of BCRC's intent to renew, and TRAER CREEK does not wish to renew, then TRAER CREEK shall provide written notice of its intent not to renew within thirty (30) days of receipt of BCRC's intent to renew. Notice shall be given pursuant to Section 20. 17. End of Tenn. At the expiration of or earlier termination of this Agreement., BCRC agrees to quit and surrender the Premises to TRAER CREEK in as good order and condition as of the commencement date hereof, normal wear and tear excepted, with all temporary improvements thereon, specifically including the Facilities, removed. 18. Indemnity. (a)BCRC agrees to indemnify, defend and hold harmless TRAER CREEK, its subsidiaries and affiliates, and their respective agents, officers, directors, servants and employees of and from any and all costs, expenses (including without limitation reasonable attorneys' fees), liability, claims, liens, demands, actions and causes of action whatsoever arising out of or related to any loss, cost, damage or injury, including death of any person or damage to /111� {00193570.DOQ 5 Eq XECUTION COPY property of any kind, whicli damage, loss or injury is caused by the intentional or negligent acts, errors or omissions of BCRC, its subcontractors or any person directly or indirectly employed by them, or any of them, while engaged in any activity on or associated with the Rodeo and /or the Premises. 19. Waiver of Subrogation. BCRC respectively waives all rights of recovery against TRAER CREEK, or the officers, directors, employees and agents of TRAER CREEK, for loss of or damage to such waiving party of its property or the property of the other under its control, arising from any cause insured against under the standard form of fire insurance policy (with all permissible extension endorsements covering additional perils) or under any other policy of insurance carried by such waiving party in lieu thereof. 20. Notice. Any notice, demand or communication which either party may desire or be required to give to the other party shall be in writing and shall be deemed sufficiently given or rendered if delivered personally or sent by federal express, postage prepaid, addressed as follows: If to TRAElZ CREEK: P.O. Box 9429 322 East Beaver Creck Boulevard Avon, Colorado 81620 Attention: Magnus Lindholm If to BCRC: Beaver Creels Resort Company P.O. Box 5390 Avon, CO 81620 -5390 Attention: Executive Director w /copy to: Jean Dennison T ither party shall have the right to designate in writing. served as provided above, a different address to which any notice, demand or communication is to be mailed. 21. No Partnership /Employment. Notwithstanding anything contained herein to the contrary, TRAER CREEK shall not in any way or for any .purpose become principal(s) or partner(s) of BCRC in the conduct of its business, or otherwise, or a joint venture or member of a joint enterprise with BCRC hereunder nor shall anything in this Agreement be considered to create a relationship of employer - employee, principal -agent or master - servant between or among the parities. 22. Preparation of the Premises. (a) BCRC shall prepare the Premises in accordance with the map, attached hereto as EMIIBIT D. Furthermore, BCRC anticipates expanding the public parking area some 100' to the north of the existing public parking. Upon the approval of such expansion by TRAER CREEK, BCRC shall (a) remove the topsoil and store the topsoil on TRAER CREEK's (or its affiliate's) property where a TRAER CREEK representative so indicates; and (b) lay down an amount of Class 6 road base material appropriate for the expansion area (approximately four (4) {00 r 93570.DOC) 6 EXECUTION COPY inches). All Class 6 road base material shall be purchased at market price fi-om TRAER CREEK. (b) At such time that BCRC decides to vacate the Premises, BCRC, at its sole expense, agrees to (i) remove the Class VI roadbase placed on the parking lot area (ii) place the removed roadbase to a location to be determined by TRAER CREEK , and (iii) reseed the disturbed area with a native grass seed mix approved by TRAER CREEK. Should BCRC fail to remove said Class VI within 30 days of vacating the Premises, Tracr Creek shall remove the Class VI roadbase material and reseed the disturbed area and backcharge BCRC for all reasonable costs associated with this operation and shall be.entitled to a 15% management fee to perforin said work. 23. Parkin . (a) Parking for the event shall be on TRAER CREEK property, as set forth in the map, attached hereto as E,,'HIBIT D. Additionally, TRAER CREEK will provide to BCRC an area to accommodate 300 parking spaces, 600 of which will be useable by BCRC. BCRC shall design the parking site at its sole cost and expense and obtain the required permits or approval from the Town of Avon, at its sole cost and expense. BCRC shall have the sole and exclusive use of the 600 parking spaces during Event Days only. BCRC shall also employ attendants to supervise the parking site on Event Days. (b) BCRC personnel shall further ensure that parking in designated locations is strictly enforced on rodeo days and prohibit rodeo patrons, BCRD's employees or agents from parking at the offices of TRAER CREEK located on the north side of Chapel Place Road just north of the rodeo site. 24. Traffic. It has been a condition of this Agreement that all traffic exiting the Premises on Event Days shall be directed cast toward the Village at Avon. Dial -a -Ride and other shuttle traffic shall be excluded fr-orn this obligation. 25. Vendors. TRAER CREEK shall deliver a list of vendors ("TRAER CREEK vendors ") it intends to include in the Rodeo on or prior to April 21, 2007. Thereafter, BCRC may lease any remaining space to other vendors; provided, however, that BCRC, or any vendor BCRC leases to, shall not sell anything sold by a TRAER CREEK vendor. On or before June 22, 2007, TRAER CREEK shall pay to BCRC a 51000.00 event fee for the season for the first six (6) TRAER CREEK vendors. Should there be more than six (6) TRAER CREEK vendors, the TRAER CREEK vendor fee shall be 5650 per vendor for any TRAER CREEK vendor in excess of six (6) vendors. BCRC shall ensure that the restrictions herein are set forth in writing with each of its vendors. TRAER CREEK shall be entitled to choose booth locations within the area BCRC designates for the proper category of each of booth in question. Retail and Restaurant booth locations are attached hereto and incorporated herein as Exhibit E. BCRC shall be the only alcoholic beverage vendor operating on the Premises. j00193570MOC1 7 EXECUTION COPY 26. Irrigation Ditch. BCRC is aware that there is an irrigation ditch through the eastern portion of the Premises. Should BCRC wish to traverse the ditch, BCRC shall ensure it safe passage through construction of a bridge or otheivise. BCRC shall be responsible for any costs associated therewith and agrees to indemnify and hold TRAER CREEK hamiless from any injury resulting from Rodeo patrons or employees or agents traversing the open ditch. BCRC further agrees that it shall not impede the water flow though the ditch. 27. Name of Event. The name of the event shall be 'Beaver Creek Rodeo Series at Traer Creek ". Such name shall be referenced in all promotional ads and literature. The design for the promotional ads and literature shall be approved by TRAER CREEK, which approval shall not be unreasonably withheld. 28. Advertising. TRAER CREEK shall be included in weekly announcements at the Rodeo. Upon reasonable notice to BCRC, TRAER CREEK reserves the right to modify reference to TRAER CREEK so that reference is made to any of its affiliates or tenants in lieu of TRAER CREEK. TRAER CREEK shall receive six (6) banners of standard size and material. TRAER CREEK shall provide BCRC Nrith the list of six (6) entities included on such banners on or prior to May 15, 2007. TRAER CREEK shall also be entitled to one promotional tent to showcase the Village at Avon project in a location reasonably acceptable to TRAER CREEK. The above - referenced advertising shall be at no cost to TRAER CREEK. Any TRAER CREEK (or its designee) banners within the Premises shall be in it location set forth in the advertisement site plan attached hereto and incorporated herein as Exhibit E. TRAER CREEK or its affiliates shall be named in an equal number of announcements during the rodeo as any of the major sponsors to the event. A list of those affiliates is attached hereto and incorporated herein as Exhibit F. 29. Snow Removal. BCRC shall be solely responsible for all snow removal fronn the Premises at its sole cost and expense. BCRC shall provide reasonable notice to TRAER CREEK before engaging in any snow removal. 30. Carnival Event. BCRC is aware that THE RESOURCE CENTER OF EAGLE COUNTY hosts an annual carnival on the Premises in early June (the "Carnival "). This year, this event is scheduled front June I to June 6, 2007. BCRC shall not interfere with the use of the Premises for that purpose and shall further ensure the Carnival's quiet enjoyment of the Premises during that time period. By separate agreement, BCRC and the Carnival shall arrive at an agreement as to how they shall be able to mutually enjoy the Premises each year. 31. Damages. BCRC shall not be entitled to recover damages in equity from TRAER CREEK in excess of hvice the rental amount. BCRC shall not be entitled to recover any damages in law lion TRAER CREEK. 32. Miscellaneous. a. Severability. If any clause or provision of this Agreement shall be held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall nevertheless be and remain in full force and cfkct. t00193570.1X)C) EXECUTION COPY b. Amendment. No amendment, alteration, modification of or addition to this Agreement shall be valid or binding unless expressed in writing and signed by the parties to be bound thereby. c. Captions. The captions of each section are added as a matter of convenience only and shall be considered of no effect in the construction of any provision of this Agreement. d. Attorneys' Fees. Should TRAER CREEK have to enforce this Agreement at any time, it shall be entitled to recover against BCRC all court costs, disbursements and reasonable attorneys' fees. e. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado. Exclusive jurisdiction and venue for any legal proceedings related to this Agreement shall be in the District Court for Eagle County, Colorado or in the United States District Court for the District of Colorado. f. Survival. Any and all warranties. provisions, rights and obligations of the parties herein described and agreed to be perfibmied subsequent to the termination of this Agreement shall survive the termination of this Agreement. g. Time. Time is of the essence with respect to the performance of each of the covenants and agreements herein set forth. h. Review. The parties and their respective counsel have reviewed this Agreement in its entirety and acknowledge that each has had a full opportunity to negotiate the Agrecnnent's terns. Therefore, the parties expressly waive any and all applicable common law and statutory rules of construction that any provision of this Agreement should be construed against the Agreement's drafter, and agree and affirm that the Agreement and all provisions thereof shall in all cases be construed as a whole, according to the fair meaning of the language used. i. Waiver. failure to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver of such terns, covenants and conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by an authorized officer of TRAER CREEK or BCRC, as applicable. j. Counterparts; Facsimile: Transmission. This Agreement may be executed by facsimile and/or in any number of counterparts, any or all of which may contain the signatures of less than all the parties, and all of which shall be construed together as but a single instrument and shall be binding on the parties as though originally executed on one originally executed document. All facsimile counterparts shall be promptly followed with delivery of original executed counterparts. 33. Authority. This Agreement constitutes a valid and binding agreement of the parties, enforceable against each in accordance with its terns. To the extent the parties are not (00193570.DOC) 9 EXECUTION COPY natural persons, the persons executing this document on such party's behalf have actual power and authority to bind the corporation or other entity and to execute and deliver this Agreement. 34. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the subject matter of this Agreement, and supersedes any and all prior agreements, proposals, negotiations and representations pertaining to the services to be performed hereunder. 35. Town of Avon AUyroval. This Agreement is only valid if the Town approves the special review use permit application and confirms that this Agreement and the above use does not change the Annexation and PUD agreement between TRAER CREEK and the Town of Avon and that TRAER CREEK has not waived any rights under those agreements. IN WITNESS WHEREOF, die parties hereto have executed this Agreement day and year first set Ibrth above. TRAER CREEK LLC, a Colorado limited liability company B , Name: Title: BEAVER CREEK RESORT COMPANY OF COLORADO, a Colorado non- ro rt porat By: Dame: Tony O'lZourke Title: Executive Director (00193570.DOC) 10 EXHIBITA \,tali hcd to and i'ormini' Imrt of cc! 'f raer C'rec-k. I_ LC and Bc:;vcr Creek RL -;ort Cnntn:;n� 1 Tr9E PREMISES That part of Lot 1.. \ntcndmi Final F'I,tt. The Wye Go : vmo I=ilin'� , according, to the rnap thereof recorlied in the oNke of the Woo Cnmut % Colorado C hik and Recorder as outlined A �' t red he ou: L F ;CJ r 3 .,Lb,9S.S 1 � 1 l , , 1 1 I r 1 r r I 1 , , , f 1 1 1 1 I I �- f , 1 I / 1 1 , 1 I , f Q 1 1 J 1 d- , I � '1 , f 7 r f r , 1 O I 1 1 Q, Q- A-� rxna U OW m Qn© 0 03/08/2007 16:36 9708455233 BC VILLAGE OPSRATICS F;XIII131T A j.- mmehed io and fornlint: part ol'a l.,iccnsc A-crociWilt hL;twcell i "tact ('rc& U.C• and Beaver Creek Resort Cnnip anl•) THE PREMISES PAGE 01 That part of 1.01 1.:\nlCM&d Filial Plat. The Villaoc (at Avon) Filing . according to the map thercorrecorded in the nilicc of the Is -iglu County. Colorado C'lcrl, and Recorder ac outlined in ! '� red hciovv: nr ! xp 1 ' Lit i 1 ti, r r r 1 I r I e 1 r I 1 ! i i r r 1 1 1 1 ! I 1 7 1 1 I 1 1 f 1 1 l I O LY- 1 ' I 1 1 1 ' 1 I ice, x f I Ne 1 � 5 lk (� r Q ' ;In r i r O � O I` r r 1 �L.y.. r Ln a r s 1 1 1 r � ! U li Z- � > � 1 r r /'1 1 r � f� 1 1 A�-C E HIBIT B (Attached to and forming part of a License Agreement between Tracr Creek, LLC and Beaver Creek Resort Company Dated March 15, 2007) EVENT DAYS BEAVER CREEK RODEO SERIES - 2007 Schedule: Thursday, June 14'11 6 pm Thursday, June 21" 6 pm Thursday, June 28"' 6 pin Thursday, July 5`' 6 pin Thursday, July 12 °i 6 pm Thursday, July 19 "' 6 pin Thursday, July 26'h 6 pin Thursday, August 9'1' 6 pm Thursday, August 16'u 6 pm Rodeo Line-Up: Pre -Rodeo Events /Gates Open* 5 pm Grand Entry 6 pm Bareback 6:15 pin Calf Scramble 6:30 pin Team Roping 6:45 pin Mutton Bustin' 7:00 pm Ban-el Racing 7:15 pin Burro Racing 7:30 pm Bull Riding 7:45 pin *Pony Rides, Petting Zoo, Food Booths, Merchandise Booths, Saloon EXHIBIT C (Attached to and forming part of the License Agreement between Traer Creek LLC and Bcaver Creek Resort Company of Colorado, dated March 15, 2007) ALTERATIONS, ADDITIONS AND IMPROVEMENTS The following alterations, additions and improvements are being made to the Premises in the locations show on Exhibit D to this agreement: o Increase the size of the public parking lot by approximately 50 linear feet as agreed upon by the parties (and as set forth in Exhibit A -2); o Thirty-fine (35) picnic tables with umbrellas; o Increase the size of the metal grandstand seating; C Two (2) storage container, 8'x 20' in size; o Approximately 24 hay bales; © Minimal grading of the rodeo site for the arena; a Twelve 12 portalettes will be installed; O Fifty (50) wind banners installed on wood fencing sniTounding the entry areas. //t"-� 'J :l l.kttached to :md farming hart ol':i L.iccnse : givemcnt bt:tw ml '11•acr C'rccl;. LLC' and Penvcr Cr,,. k Itcsnrt Company) Q7 m C13 n W ti O O O 1 ��7 U p 'J J 'J u'i U iQ NN n� f N i 9' z z 4 T 1 r •� 1� 1 o el � You 1� 1 n �• . 1 THE F:1CII,I"rwI s .c Y 4 U r / � a •;'� ��V ,yroyt O ! 1 1 I rnnrn�ia� l o / 1 a 5 oo 'i ^:' a 1 I ' tr'7 .c Y 4 U 1 7 0 O� l/7 d - �• >.ay.Nl r.1�� f� r / � a •;'� ��V ,yroyt O tr rn�Mn�.r I rnnrn�ia� l o a 5 G Q 1 7 0 O� l/7 d - �• >.ay.Nl r.1�� f� r / Q O a 5 G Q C i �s s3 1 r r , i , O /CJC !D ' j Q O Sn a Snr�� r / i 1 r r , i , O !D ' "7 Do . O ! 3 3 r 1 r r� tr -Y h !, Q' (j C C) o a ! O J , Q_ 1 I t f2; � !v r / � t 1 I 1 1 I C ' O / / j a. t I Q ' Qz J a w c o ti� o � c o N O W O Y06 W i W tY 0 U c W a w M 0) a W O 0 U (0 m EXHIBIT E (Attached to and forming part of a License Agreement ) VENDOR & SIGNAGE LOCATIONS as��ols aB .�� ohs O N Q N N 'LS a c O a O) C tj O O O aN N CL is �S O. 0 U) IM U) F 12 12 M 0 0 4) o ,3 _ a 0 O LL cn [] El ti 0 N V- I EXECUTION COPY EXHIBIT F (Attached to and forming part of the License Agreement between Traer Creek LLC and Beaver Creek Resort Company of Colorado, dated March 15, 2007 , 2007) TRAER CREEK AFFILIATES (Attached) (00193570.DOC) 4nni BEAVER CREEK RESORT COMPANY Alcohol Management Plan The alcohol area applied for under this permit is located in Traer Creek Lot 1. (See maps) Boundaries The physical boundaries will consist of fence, barricades and tents. Beaver Creek security and special events staff will police within the physical boundaries and monitor access points. Entrances and Exits There will be up to 4 entrances /exits into the permit area depending on the event (see maps), each approximately 6 -10 feet wide. The gates will have signs on the inside saying "No Alcoholic Beverages Beyond This Point." Staffing The alcohol staff and security will be coordinated by the Beaver Creek Resort Company. Security and alcohol staff will be managed under the direction of Sam Parker, Director of Beaver Creek Public Safety and Sally Ryan, Supervisor of Special Events. We will be using a minimum of at least 1 person per access point plus have a floating staff of 2 -4 people. Beaver Creek security will staff alcohol - pouring locations with TIPS - trained staff for both pouring and conducting legal age identification. All operations will be overseen by Mr. Parker and Ms. Ryan. Action Plans In the event that someone appears intoxicated at the venue, our Public Safety and alcohol management staff will see that the individual is removed from the premises and released to a responsible party that is in a sober and responsible state. In the event that the individual doesn't have a responsible party available to escort him or her from the venue or is uncooperative, we will see that the Town of Avon Police Department is contacted and release that individual under Police supervision. In the event that someone is requesting another drink and or is seen to be in a state nearing intoxication, we will see that the individual is refused further alcohol service and or utilize the above mentioned procedures to remove them from the venue. Beer /Alcohol Service Beer and alcohol will be served at designated tent locations. All staff pouring alcohol will be certified TIPS trained staff. At the service tents serving alcohol there will be signs stating "You Must Have Legal ID to Purchase Alcohol." There will be security at each gate, which will not allow alcohol to be brought in or taken out of the permitted area. Food Service /Sanitation All food service stations or vendors will be equipped with State and County approved hand sanitation stations. All vendors serving food, which may be susceptible to food born illnesses, are required to know and utilize every possible means in preventing possible contamination, not limited to maintaining proper temperatures and storage of potentially hazardous foods. Page 1 of 2 Wrist Bands Wristbands will be allocated from designated alcohol service locations /tents. Qualified service staff will conduct legal verification for anyone suspected of being legally underage and allocate wristbands accordingly. Legal Identification Forms As proof of age for purchasing alcohol, the alcohol management team will verify age using one the following forms of ID: o Valid Driver's license o Valid State- issued ID card o U.S. active -duty military ID o Passport o Alien registration card or green card Cup Size /Price Beer and Margaritas will be served in cups no larger than 16 -oz. size. Wine will be served in cups no larger than 8 oz. size. All liquor sales will be conducted via either cash or coupon exchange at the liquor tents. Liquor Liability Insurance Beaver Creek Resort Company has a $2,000,000 General Liability policy in effect with Liquor Liability for the above listed events. Operating Date and Hours: Requested times are from 10 a.m. to 10 p.m. but most likely liquor will only be served from 5 p.m. to 9 p.m. Page 2 of 2 Beaver Creek Security TIPS Trained Employees for RINK PRODUCTIONS, INC. updated I Employee Name # date Allen. Thomas Sally Ryan 1 4/12/2011 Angel, Robert L20596 05/23/2012 Althoff,John C 1273552 05/22/2013 Bumgarner, Jerry Caldarola, David 2383198 06/04/2011 Deighan, Kyle 2187151 06/03/2013 Dennison, Jean 2805299 06/03/2013 Depue,Aimee 1274625 05/24/2013 Fawcett, Laura 1267774 05/26/2013 Fennessey, Lori 2777307 05/08/2013 Franks,Amy E L20491 05/20/2012 Gardner, Gay L21085 06/05/2012 Goulet, David J. 1307772 06/30/2013 Goulet,Kathleen M. T1001 05/24/2011 Green,Amy L T1001 05/21/2012 Gruitch,Richard L20402 05/19/2012 Gutfreund,Richard M L21768 06/23/2012 Hackman, Patricia 1279726 05/28/2013 Hart,Shannon L23055 07/31/2012 Heller, Elizabeth 580043 05/04/2013 Heller, Matthew 582682 05/24/2013 Hughes, Timothy 1368220 09/03/2013 Hutchinson, Lars 581910 05/12/2013 Hutchinson,Sven Martin L211257 07/14/2011 Jordan, Carole 2701523 11/25/2012 Katieb, Daiva T1001 06/10/2011 Kelly,Keith A L21188 06/11/2012 Moser, Mike 2805303 06/03/2013 Losa,Timothy R L22655 07/19/2012 Lundquist,Erik J T1001 07/02/2011 Manzanares, Brandon 1304907 06/25/2013 Martus,David L L22506 07/15/2012 Sally Ryan 1 4/12/2011 Beaver Creek Security TIPS Trained Employees for RINK PRODUCTIONS, INC. updated Employee Name # date MartuS, Katherine L23949 08/272012 McCaulley,John C L21760 06/23/2012 McCurdv,Michael W L210327 06/15/2011 Moore,Timothv L209491 05/23/2011 O'Donnell,Timothy J T1001 05/22/2012 oxenrider, Keith L191707 07/06/2012 Rader,Micah T1001 04/21/2011 Ramsev,Bradlev J T1001 08/01/2012 Ryan, Sally E 1322453 07/15/2013 Sallee,Ramon E 273361 06/30/2013 Snyder,Julie A 438116 05/16/2013 Sommers, Adam T1001 05/07/2011 Tillie, Katie 2805302 06/03/2013 Sally Rvan 2 ail ,)i ,)nl4 AP4 VI - MI r BEAVER Gms ASID29 TAW AT T R A E R C R E E K 2011 RODEO FACT SHEET WHAT: 10th Annual Beaver Creek Rodeo Series The Beaver Creek Rodeo Series offers fun and excitement for the entire family with classic events like Mutton Bustin', Team Roping, and Bull Riding. Pony Rides, Face Painting, and more are free for the kids, and Mom and Dad can enjoy an authentic Western BBQ and beverages. WHY: For years, the ski town Rodeo for most local residents has been one of the valley's lingering connections to the Old West. The first Thursday night rodeo series started in 1994 at Berry Creek Ranch — East of Edwards, CO., to give back to the community and to keep the western spirit alive. Rodeos were developed as a means to showcase the skill and talents of the every day working environment of the Old West. In 2002 the Beaver Creek Resort Company moved the Rodeo to a temporary location at the West Parking Lot of Beaver Creek Resort adjacent to Hwy. 6. 'In 2004 the Rodeo was expanded to handle crowds of 2,300 each week, consisting of visitors and locals alike. The Beaver Creek Rodeo Series moved in 2006 to its present location in Traer Creek just east of the Chapel Square Center. The 2010 Series was an enormous success, with an average attendance of over 2,200 each week. WHERE: Subject to necessary approvals, the 2011 Beaver Creek Rodeo Series will once again be held in the Town of Avon on the Traer Creek property located just east of the Chapel Square Center. The rodeo site is easily accessible, with free parking on -site and shuttles to and from the Beaver Creek Covered Bridge. With Beaver Creek serving as the Rodeo's back -drop scenery, and the convenience of being centrally located in Avon, the 2011 Series is destined for success. WHEN: Thursday nights throughout the summer starting June 30, 2011 through August 18, 2011, except July 28th. Gates open for family fun at 5:00 p.m., with rodeo start time at 6:00 p.m. Avon Police Department Liquor License Application Individual Name(s): Dennison, Jean Name of Business: Beaver Creek Rodeo Type of License: ❑ Hotel & Restaurant ® Special Event Permit Event Name: Beaver Creek Rodeo Date of Event: Throughout Summer Location of Business: Beaver Creek Rodeo Grounds on Chapel Place / E. Beaver Creek Blvd Avon, Colorado 81620 Date Received: April 28, 2011 Photographs /Fingerprints: ❑ On File ® Special Event — N/A Investigation by: ® Detective Sergeant Jonathan Lovins ❑ Detective Aurion Hassinger Date: April 28, 2011 CBI Criminal Investigation (attached): Nothing in the last year Local Criminal Investigation: Nothing in the last year Comments: No history Liquor Code Violations in the past calendar year: ❑ Yes ® No If yes, explain: n/a Smoking violation in the past calendar year: ❑ Yes ® No If yes, explain: n/a ® Background investigation conducted with no problems and or areas of concern. N.C.I.C. database not accessed on this applicant. Investigation Time: 2 hours. Administration Time: 1 hour. �G) TOWN OF AVON, COLORADO MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING HELD APRIL 26, 2011 The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of Avon, Colorado convened at 5:45 PM at the Avon Town Hall, One Lake Street, Avon, Colorado. A roll call was taken and Board members of the Authority present were Rich Carroll as Chairperson, and Board members Dave Dantas, Chris Evans, Kristi Ferraro, Todd Goulding, Amy Phillips, and Buz Reynolds. REPORT OF CHANGES: CHANGE OF MANAGER a. Applicant: Fiesta Jalisco Numero Tres LLC, d /b /a Fiesta Jalisco Address: 240 Chapel Place, 8129 Former Manager: Jesus Del Toro New Manager: Ricardo Aragon Type: Retail: Hotel and Restaurant License It was noted that all materials were in order for the report of change in manager for Fiesta Jalisco Numero Tres LLC, d /b /a Fiesta Jalisco. Board member Ferraro moved to approve the manager change; Board member Evans seconded the motion and it passed unanimously. REPORT OF CHANGES: CORPORATE CHANGE b. Applicant: Suncor Energy Sales, Inc. d /b /a Shell Address: 46 Nottingham Road Owners: Steven J. Ewing Manager: Anakut Loya Type: 3.2% Beer Retail License Chairman Carroll asked if the application materials were in order; it was confirmed that the materials were in order. Board member Dantas moved to approve the Report of Corporate Changes for Suncor Energy Sales, Inc. d /b /a Shell. Board member Goulding seconded the motion and it passed unanimously. RENEWAL LIQUOR LICENSES a. Applicant: Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #1199 Address: 171 Yoder Ave Manager: Matthew Mower Type: 3.2% Beer off Premises License Chairman Carroll asked if the application materials were in order; it was confirmed that the materials were in order. Board member Dantas moved to approve the renewal 3.2% Beer Off Premise License for the Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #1199. Board member Evans seconded the motion and it passed unanimously. CONSENT AGENDA Chairman Carroll asked for a motion on the consent agenda. Board member Ferraro moved to approve the consent agenda; Board member Reynolds seconded the motion and it passed unanimously. a. Minutes from February 8, 2011 There being no further business to come before the Board, the meeting adjourned at 5:30 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Secretary APPROVED: Rich Carroll Dave Dantas Chris Evans Kristi Ferraro Todd Goulding Amy Phillips Albert "Buz" Reynolds ALB 11.04.26 Page 2 of 2